Undocumented People: Can They File Lawsuits?

Undocumented immigrants in the United States have the right to file lawsuits, and their immigration status cannot be used to deny their injury claims. In 2016, a law was passed in California to protect undocumented immigrants and prevent defendants from asking plaintiffs about their documentation in court. This law grants undocumented immigrants the right to file personal injury lawsuits and seek compensation for damages, lost wages, medical expenses, and pain and suffering. Texas and New York have also allowed undocumented immigrants to seek damages in personal injury lawsuits, with the New York Court of Appeals ruling that federal law does not preempt state laws permitting such actions. While undocumented immigrants may fear deportation or legal repercussions, their immigration status does not impact their legal rights to file lawsuits and seek compensation.

Undocumented immigrants can file personal injury lawsuits

Undocumented immigrants in the United States can file personal injury lawsuits. They have the same legal rights as US citizens and can sue for personal injury damages. This is guaranteed by the Fourteenth Amendment to the US Constitution, which grants equal protection under the law to every person within US borders, regardless of citizenship.

While undocumented immigrants may fear deportation or arrest if they file a personal injury claim, this is not the case. The United States Citizenship and Immigration Services (USCIS) and the Immigration and Customs Enforcement (ICE) are not permitted to deport an immigrant because they have filed a personal injury lawsuit. Immigration authorities typically avoid taking removal action while a case is ongoing, as this could amount to an obstruction of justice. Additionally, a plaintiff's immigration status is not admissible evidence in a personal injury case.

Undocumented immigrants can file personal injury claims for various reasons, including car accidents and workplace injuries. In the case of Grocers Supply, Inc. v. Cabello, three undocumented brothers were able to file a personal injury lawsuit in Texas and recover lost wages and medical expenses from the defendants. Similarly, in Tyson Foods, Inc. v. Guzman, an undocumented worker successfully filed a personal injury claim in Texas and received lost and future wages.

If you are an undocumented immigrant and feel that you have grounds for a personal injury lawsuit, it is best to hire a qualified personal injury lawyer with experience in immigration law to help you build a strong case and protect your privacy.

They can claim damages and compensation

Undocumented immigrants can file personal injury lawsuits and claim damages and compensation for injuries caused by negligence. This includes car accidents, workplace injuries, slip and fall accidents, and medical malpractice. For example, in the case of Grocers Supply, Inc. v. Cabello, three undocumented brothers were able to file a personal injury lawsuit and recover lost wages and medical expenses from the defendants.

In Texas, which has one of the largest undocumented immigrant populations in the US, state law allows undocumented immigrants to sue for workplace injuries. The Texas Workers' Compensation Act provides income and medical benefits for employees who suffer work-related injuries or illnesses, regardless of their immigration status. Similarly, the Georgia Workers' Compensation Act does not prevent undocumented immigrants from receiving workers' compensation for workplace injuries.

In New York, the law is clear that undocumented immigrants have the same legal rights as US citizens and can sue for personal injury damages. The New York Court of Appeals ruled in 2006 that federal law does not preempt state laws allowing undocumented immigrants to seek damages in personal injury lawsuits.

Undocumented immigrants in Pennsylvania and New Jersey are also protected by laws that explicitly allow all workers, regardless of immigration status, to seek compensation for injuries.

While fears of deportation and arrest are common among undocumented immigrants, these concerns should not prevent them from seeking legal recourse. Immigration status is generally not relevant in personal injury cases and cannot be used to deny an injury claim or compensation.

Their immigration status cannot be used to deny a claim

In the United States, undocumented immigrants have the right to file lawsuits, and their immigration status cannot be used to deny their claim. This is because the Fourteenth Amendment to the U.S. Constitution guarantees the right to every person within U.S. borders, regardless of citizenship, to equal protection under the law.

In 2006, the New York Court of Appeals ruled in Stanislaw Majlinger v. Casino Contracting Corp. that federal law does not preempt New York laws that allow undocumented immigrants to seek damages in personal injury lawsuits. This means that undocumented immigrants in New York can seek lawful compensation for their injuries without fear of federal repercussions, such as arrest and detainment by immigration authorities.

Undocumented immigrants in Texas also have the right to sue. In Grocers Supply, Inc. v. Cabello, three undocumented brothers were able to file a personal injury lawsuit and recover lost wages and medical expenses from the defendants. The court ruled that federal immigration law was not created to get in the way of personal injury claims. Similarly, in Tyson Foods, Inc. v. Guzman, the court ruled that undocumented workers can receive lost wages and future wages even if they are undocumented.

In California, undocumented immigrants were given the right to sue in 2016 when Governor Jerry Brown signed a law meant to protect undocumented immigrants. This law prevents defendants from asking plaintiffs whether they are documented in court, ensuring that all plaintiffs, regardless of documentation, can file lawsuits against negligent parties.

They have the right to overtime pay and lunch breaks

Undocumented workers generally have the same wage and hour rights as other workers. This means that they are entitled to minimum wage, overtime pay, breaks, tips, and other forms of wages. The Fair Labor Standards Act (FLSA) requires employers to pay employees minimum wage and, in general, time and a half of an employee's regular rate of pay for overtime hours. However, federal law does not require lunch or coffee breaks. When employers offer short breaks, federal law considers these as compensable work hours included in the sum of hours worked during the workweek and considered in determining if overtime was worked.

Undocumented workers are also protected by laws that prohibit employers from retaliating against workers who assert their legal rights. For example, an employer cannot use an employee's lack of immigration status as an excuse for firing them because they complained about nonpayment of wages, a workplace injury, or for trying to organize a union in the workplace. In these cases, the employer is still breaking the law because the true reason for firing the worker was illegal.

While undocumented workers are protected by these labor laws, there are limitations. For example, in Hoffman Plastic Compounds, Inc. v. NLRB, the U.S. Supreme Court ruled that the National Labor Relations Board (NLRB) could not order back pay to an undocumented worker who was laid off from his job because of union activities. The Court decided that providing back pay to the undocumented worker would conflict with policies under U.S. immigration laws.

Undocumented workers may also face challenges in enforcing their rights due to fears of deportation or other citizenship issues. However, it is important to note that an immigrant cannot be automatically deported for filing an accident claim. In fact, immigration authorities typically avoid taking removal actions against individuals who are litigants in personal injury cases while the matter is ongoing.

They can file civil rights lawsuits

Undocumented immigrants in the United States have certain rights under the US Constitution, and some states offer additional protections. The Fourteenth Amendment to the US Constitution guarantees the right to every person within the borders of the United States, regardless of citizenship, to equal protection under the law. This means that undocumented immigrants have the same legal rights as US citizens in personal injury cases and can sue for personal injury damages.

In the case of Grocers Supply, Inc. v. Cabello, three undocumented brothers were able to file a personal injury lawsuit in Texas against the employer of a delivery driver whose tractor trailer collided with their pickup truck. The court ruled that the US Immigration Reform and Control Act of 1986 (IRCA) was not created to get in the way of personal injury claims. The brothers were able to recover lost wages and medical expenses from the defendants.

In another case, Tyson Foods, Inc. v. Guzman, an undocumented worker successfully filed a personal injury claim in Texas. The court ruled that the worker could receive lost wages and future wages, even without legal status. The Fifth District Court of Appeals in Dallas also stated that the IRCA does not prevent undocumented workers from receiving damages if they file a personal injury lawsuit.

In New York, the law is clear that undocumented immigrants can seek damages in a personal injury lawsuit. In 2006, the New York Court of Appeals ruled in Stanislaw Majlinger v. Casino Contracting Corp. that federal immigration law does not preempt New York laws allowing undocumented immigrants to seek damages in personal injury lawsuits.

Undocumented immigrants can also file civil rights lawsuits, such as discrimination suits, in federal court. State laws vary, but some jurisdictions give an undocumented immigrant the right to sue others in state court as well.

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